Hudson Resources Limited v Australian Diatomite Mining Pty Limited & Anor [2002] NSWSC 478

Hudson Resources Limited v Australian Diatomite Mining Pty Limited & Anor [2002] NSWSC 478

Interest is only to be awarded on the portion of loss of profits corresponding to past loss, and not on future loss of profits that have been discounted to present value; the plaintiff is awarded damages accordingly, with costs to be paid by the second defendant and a stay of orders to allow for potential appeal.

Jurisdiction
Australia
Judgment Date
27 May 2002
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff against the second defendant with specified damages, costs ordered, cross-claim transferred, and a stay of orders granted.
Legal Topics
['calculation of Interest' 'loss of Profits' 'costs' 'stay Orders']
['damages' 'commercial Law'] ['calculation of Interest' 'loss of Profits' 'costs' 'stay Orders']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether interest should be awarded on future loss of profits' 'Proper calculation of interest on loss of profits and royalties' 'Entitlement to costs and stay of orders']

Ratio Decidendi

Interest is only to be awarded on the portion of loss of profits corresponding to past loss, and not on future loss of profits that have been discounted to present value; the plaintiff is awarded damages accordingly, with costs to be paid by the second defendant and a stay of orders to allow for potential appeal.

Court Disposition

Judgment for the plaintiff against the second defendant with specified damages, costs ordered, cross-claim transferred, and a stay of orders granted.

Orders

  • ['Judgment for the plaintiff against the second defendant in the sum of $801,217.97' "Second defendant to pay the plaintiff's costs of the proceedings (excluding costs of the cross-claim not yet litigated)" "No order for costs in respect of the first defendant's costs" 'Cross-claim to be transferred to the District...